Enforcement actions

Last updated: 9/03/2020 9:48 PM
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​The Department of Communities (Communities) makes decisions about when to investigate non-compliance, and which enforcement action is appropriate, according to the Compliance Enforcement Framework.

All references to sections and regulations are to sections of the Schedule to the Education and Care Services National Law (WA) Act 2012 (National Law) and regulations of the Education and Care Services National Regulations 2012 (national regulations) unless otherwise specified.

Communities publishes details about the following enforcement actions for serious non-compliance:

  • Suspension or cancellation of provider approvals, service approvals and of supervisor certificates.
  • Issue of compliance notices.
  • Imposition of conditions on approvals or certificates for purposes of enforcement.
  • Acceptance by Communities of enforceable undertakings.
  • Details of prosecutions or applications to the State Administrative Tribunal.

Once published on the Department's website the enforcement action will remain listed for 24 months.

The State Administrative Tribunal (SAT) publishes its orders and decisions, with Communities providing an overview. When SAT has published the order, the Communities entry will contain a link to the particular order.

SAT now publishes its decisions on the eCourts website. To find SAT's orders and decisions under the National Law click on the link - which should be to the "Advanced Search" on the eCourts site - and enter the following:

  • next to "Jurisdiction" choose "State Administrative Tribunal"
  • next to "Act (NOT "Legislation") enter " Education and Care Services National Law (WA) Act 2012"
  • next to "Decision Type" choose "All".
This will bring up all consent orders and decisions by the Tribunal relating to the National Law. For consent orders the Tribunal will publish the order with a link to an "annexure". The annexure will set out all the agreed facts about the contravention of the National Law and what has been done to prevent future contraventions from occurring.

  
Bicton OSHClub. (SE-00012408.) View Terrace Bicton WA
The approved provider (AP) contravened section 165(1) of the National Law on 8-Feb-19 and also on 13-Feb-20 by failing to ensure that all children receiving education and care at its service were adequately supervised at all times the children were in the care of the service.
Outcome
On 19-May-20 the Tribunal ordered the AP to pay a penalty of $18,000 for the two contraventions of section 165(1) and to pay a contribution of $3,000 towards the Department’s legal costs. See Chief Executive Officer, Department of Communities -and- OSHClub Pty Ltd T/As Treendale OSHClub [2019] WASAT 101 for reasons for higher penalty for subsequent contravention.
  
Treendale OSHClub. (SE-40001453.) Cnr Opal Drive and Azurite Drive Australind WA
The approved provider (AP) contravened section 165(1) of the National Law on 11-Feb-19 by failing to ensure that all children receiving education and care at its service were adequately supervised at all times the children were in the care of the service.
Outcome
On 19-May-20 the Tribunal ordered the AP/FDCE to pay a penalty of $18,000 for the contravention of section 165(1) and to pay a contribution of $3,000 towards the Department’s legal costs. See Chief Executive Officer, Department of Communities -and- OSHClub Pty Ltd T/As Treendale OSHClub [2019] WASAT 101 for reasons for higher penalty for subsequent contravention.
  
Waabiny Out of School Hours Care (SE: 00014385) 340 Yangebup Road YANGEBUP WA 6164
The Approved Provider (AP) is alleged to have contravened section 165 - Offence to inadequately supervise children

Issue of Compliance Notice (S 177) on 9-Mar-20 requiring compliance by 23-Mar-20. 

Notice required AP to:
• Review the service ‘Supervision Procedures’ and amend accordingly, to ensure children are adequately supervised and accounted for at all times, particularly during transition periods.  This may include developing a headcount procedure, that requires educators to keep an accurate record of child numbers at appropriate intervals throughout a care session.
• Review the service ‘Supervision Policy’ with all educators, including the nominated supervisor, to ensure they are aware of their individual roles and responsibilities relating to providing adequate supervision.
• Review the service procedures to ensure educators are working directly with children at all times to maintain educator to child ratios.
• Provide training on the new or reviewed policies, procedures and processes mentioned above, and ensure all educators are fully aware of the service supervision requirements.

Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
ASILO Bilingual Childcare And Learning Centre (SE-00012379) 136 Swan Street Yokine WA 6060
The Approved Provider (AP) is alleged to have contravened: Regulation 103 - Premises, furniture and equipment to be safe clean and in good repair. Regulation 177 (2) - Prescribed enrolment and other documents to be kept by approved provider

Issue of Compliance Notice (S 177) on 24-Jan-20 requiring compliance by 10-Feb-20. Notice required AP to:

• remove all items of furniture that are in disrepair, including the outdoor kitchen, outdoor tables with exposed chipboard, bamboo screen and outdoor trolley;
• repair the damage to the soft fall in the baby’s garden;
• repair any damaged window frames and glass pains
• replace the nappy change mat;
• repaint the half door at the entrance to the kindy and baby room;
• ensure that outdoor environment and play equipment are free from cobwebs;
• repair the peeling paint around the patio door of the baby room;
• develop and implement a procedure for monitoring and maintaining the service premises to ensure they are safe clean and in good repair at all times;
• develop and implement a procedure to ensure that children’s attendance records accurately reflect children’s actual hours of attendance;
• ensure that staff who are responsible for recording children’s attendance records are aware of their responsibility to accurately record children’s actual hours of attendance;
• take measures to educate and inform all parents about their responsibilities regarding signing children in/out of the service and maintain accurate attendance records.


Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
KidsHQ Jacaranda  (SE:00012623) 35 Foxton Boulevard HIGH WYCOMBE WA 6057
The Approved Provider (AP) is alleged to have contravened:
• Section 165 – Offence to inadequately supervise children
• Section 167 – Offence relating to protection of children from harm and hazard

Issue of Compliance Notice (S 177) on 17-Mar-20 requiring compliance by 20-Apr-20. Notice required AP to:

• Review the service ‘Supervision Procedures’ and amend accordingly, to ensure children are adequately supervised and accounted for at all times, particularly during transition periods. This may include developing a headcount procedure, that requires educators to keep an accurate record of child numbers at appropriate intervals throughout a care session.

• Review the service ‘Supervision Policy’ with all educators, including the nominated supervisor, to ensure they are aware of their roles and responsibilities relating to providing adequate supervision.

• Review the service ‘Providing a child safe environment Policy’ to ensure that all hazardous materials are stored in a manner that prevents children from gaining access to them, including chemicals stored in the laundry and the adjacent outdoor area.

• Provide training on the new or reviewed policies, procedures and processes mentioned above, and ensure all educators are fully aware of their individual requirements.

Outcome
The AP submitted evidence of compliance with the requirements of the Compliance notice within the required timeframe.
  
Goodstart Early Learning Thornlie (SE: 00012649) 54 Geographe Way, Thornlie WA
The Approved Provider (AP) is alleged to have contravened section 165 – Offence to inadequately supervise children.

Issue of Compliance Notice (S 177) on 12-Mar-20 requiring compliance by 27-Mar-20. Notice required AP to:
• Develop and implement strategies to ensure adequate supervision including supervision during transition times, yard checks and frequent headcounts.
• Review and implement procedures relating to headcounts.
• Conduct training with all educators at the service in relation to supervision, headcounts and yard checks.

Outcome
The AP submitted evidence within the required timeframe and now satisfies the requirements of the Compliance Notice.
  
Jelly Beans Childcare Wellard (SE-40007346) 50 Breccia Parade Wellard WA 6170
The approved provider (AP) is alleged to have contravened Section 165 Offence to inadequately supervise children.

Issue of compliance notice (s177) on 5-Feb-20 requiring compliance by 19-Feb-20. The notice required the AP to do the following:

  • submit evidence that the service has a robust supervision policy and procedure developed with reference to recognised guidance.
  • submit evidence that all staff are aware of those procedures and that assessment have been conducted to ensure all staff have a shared understanding of the supervision requirements.
  • submit evidence that staff have undergone further training regarding adequate supervision.
  • submit evidence that the induction process for new staff members covers adequate supervision arrangements and ensures the new staff members understand the conditions on the service approval.  
Outcome
The AP submitted evidence within the timeframe, however, the AP requested more time to satisfy the requirements of the Compliance Notice with regards to completion of further training on adequate supervision. The AP submitted the required evidence and now satisfies the requirements of the Compliance Notice.
  
Nido Early School Byford SE: 40014354 Unit 1 Lakeside Plaza, 15 Covenant Lane BYFORD WA 6122
The Approved Provider (AP) is alleged to have contravened: Section 167 Offence relating to protection of children from harm and hazards on 11-Dec-19.

Issue of Compliance Notice (S 177) on 20-Dec-19 requiring compliance by 24-Jan-20. Notice required AP to:

  • Ensure that adequate shade is provided in both upstairs outdoor areas at all times
  • Develop processes and procedures for all educators to follow to ensure children's safety when accessing the outdoor areas especially during the warmer months.
  • Develop safety checklists for educators to complete daily to show they have checked to ensure the premises, resources and equipment are safe (including check for hot surfaces during warmer months) and in good repair for the children to use.
  • Review 'Providing a child safe environment' policy with all nominated supervisors and educators to ensure they are aware of their roles and responsibilities relating to ensuring the environment is safe for children at all times by identifying potential hazards in all outdoor environments.
  • Provide training to nominated supervisors and all educators on the processes, procedures and safety checklists mentioned above.
  • Provide evidence of any other changes that have been implemented at the service since the incident that occurred on 11 December 2019.


Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Helping Hands Inglewood. (SE-40005300.) Inglewood Primary School, 38 Normanby Road, Inglewood.
The approved provider (AP) contravened section 165(1) of the National Law on 28-May-19.
Outcome
On 09-Mar-20 the Tribunal ordered the AP to pay a penalty of $15000 for the contravention of section 165(1) and to pay a contribution of $2000 towards the Department’s legal costs.
  
Kids Active. (SE-40006554.) 40 Liffey Street Canning Vale WA
The approved provider (AP) contravened section 165(1) of the National Law on 04-Sep-19.
Outcome
On 21-Feb-20 the Tribunal ordered the AP to pay a penalty of $12500 for the contravention of section 165(1) and to pay a contribution of $2000 towards the Department’s legal costs.
  
Goodstart Early Learning East Bunbury. (SE-00012616) 17 Herbert Street East Bunbury.
The approved provider (AP) contravened section 165(1) of the National Law on 27-Sep-19
Outcome
On 28-Feb-20 the Tribunal ordered the AP/FDCE to pay a penalty of $10,000 for the contravention of section 165(1) and to pay a contribution of $2,000 towards the Department’s legal costs.
  
CYC Camp Cooloongup (SE-00012530) 861 Mandurah Road BALDIVIS WA 6171
The approved provider (AP) is alleged to have contravened: Section 51 An approved provider must comply with the conditions of a service approval held by the approved provider, Section 167 Offence to protect children from harm and hazard and Regulation 97 Emergency and evacuation procedures.

Issue of compliance notice (s177) on 22-Jan-20 requiring compliance by 6-Feb-20. The notice required the AP to do the following:

  • ensure the service has a robust supervision policy and procedure that aligns with the conditions placed on the service approval.
  • provide on-going training to all staff members on the service supervision policy and procedures, and ensure all staff are fully aware of the supervision procedures and their individual responsibilities in regard to adequate supervision.
  • Must ensure that the service induction process for new staff members includes the above supervision policy and procedures and ensures that new staff members have an understanding of the service approval conditions. 
  • ensure all staff members have completed a training on assessing risk and completing risk assessments.
  • review the 'maintenance of child safe environments' and 'equipment' policies and to ensure they align with the recognised safety guidelines.
  • ensure all playgrounds, equipment and areas of risky play have been adequately assessed to establish safe and suitable for the use of children.
  • ensure that all playgrounds, equipment and areas of risky play meet the Australian Safety Standards.
  • have a robust procedure in place which ensures a risk-assessment is conducted prior to commencing all high risk activities. 
  • ensure that a risk assessment is conducted to identify potential emergencies that are relevant to the service, including bush fires.
  • ensure a robust procedure is in place that ensures emergency evacuation rehearsals are conducted at least every three months, as per regulatory requirements.
  • ensure staff are aware of the potential emergencies relevant to the service, the emergency procedures in place and the requirement to conduct rehearsals at least every three months. 
Outcome
The AP submitted evidence within the timeframe, however, the evidence provided did not fully satisfy the requirements of the Compliance Notice. Further information was requested. The AP submitted the required evidence and now satisfies the requirements of the Compliance Notice.
  
Buggles Child Care – Spearwood (SE-00012446) 6 Barrington Street SPEARWOOD WA 6163
The approved provider (AP) is alleged to have contravened Regulation 170 Policies and procedures to be followed and Section 165 Offence to inadequately supervise children.

Issue of compliance notice (s177) on 11-Feb-20 requiring compliance by 25-Feb-20. The notice required the AP to do the following:

  • ensure that a robust process is in place to ensure the nominated supervisor and staff members follow the service's policies and procedures.
  • ensure that an ongoing training and support is provided to the nominated supervisor and staff members to ensure the service's policies and procedures are followed.
  • review the service's supervision policy and procedures, including supervision arrangements during excursions.
  • ensure that all staff share an understanding of the service's supervision policy and procedures.
  • provide on-going training to all staff members on the service supervision policy and procedures, and ensure all staff are fully aware of the supervision procedures and their individual responsibilities in regard to adequate supervision.
Outcome
The AP submitted the required evidence within the timeframe and now satisfied the requirements of the Compliance Notice.
  
ACE Early Learning Centre  (SE: 00012357) Service Address: 17 Fraser Entrance GREENFIELDS WA 6210
The Approved Provider (AP) is alleged to have contravened section 165 – Offence to inadequately supervise children

Issue of Compliance Notice (S 177) on 24-Jan-20 requiring compliance by 10-Feb-20. Notice required AP to:

  • Review the service supervision policy and amend accordingly, to ensure children are adequately supervised and accounted for at all times, this may include developing a headcount procedure, that requires educators to document child numbers, and align with child attendance records, at appropriate intervals throughout a care session.
  • Develop a process that ensures a suitable handover of child information is completed prior to educators exiting and entering rooms within the service. This should ensure that educators are fully aware of critical information such as child numbers, child health or wellbeing needs and any behaviour management information for children within their room at all times.
  • Provide training to all staff on the above implemented policy and procedures, and ensure all educators are fully aware of the service supervision and communication requirements.


Outcome
AP failed to comply by 10-Feb-20. The AP submitted evidence within the timeframe, however, the evidence provided did not fully satisfy the requirements of the Compliance Notice. Subsequent information was requested. The AP submitted the required evidence and now satisfies the requirements of the Compliance Notice.
  
Kids Inn OSHC Club (SE: 40005007) 32 Central Road KALAMUNDA WA 6076
The Approved Provider (AP) is alleged to have contravened: • Section 165 Offence to inadequately supervise children • Section 174(2)(a) Offence to fail to notify certain information to Regulatory Authority

Issue of Compliance Notice (S 177) on 28-Jan-20 requiring compliance by 14-Feb-20. Notice required AP to:

  • Review the service 'Supervision Procedures' and amend accordingly, to ensure children are adequately supervised and accounted for at all times, particularly during transition periods.  This may include developing a headcount procedure, that requires educators to keep an accurate record of child numbers at appropriate intervals throughout a care session.
  • Review the service 'Supervision Policy' with all educators, including the nominated supervisor, to ensure they are aware of their individual roles and responsibilities relating to providing adequate supervision.
  • Develop processes and procedures for all educators to follow, including the nominated supervisor, to ensure they are aware of their individual roles and responsibilities in reporting serious incidents to the Regulatory Authority within the required timeframe.
  • Provide training on the new or reviewed policies, procedures and processes mentioned above, and ensure all educators are fully aware of the service supervision and reporting requirements.   


Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Care for Kids OSHC North Woodvale. (SE-00013232) North Woodvale Primary School, 4 Chichester Drive Woodvale WA
The approved provider (AP) contravened section 165(1) of the National Law on 27-Jun-19 by failing to ensure that all children being educated and cared for by its service were adequately supervised at all times the children were in the care of the service.
Outcome
On 10-Feb-20 the Tribunal ordered the AP to pay a penalty of $10,000 for the contravention of section 165(1) and to pay a contribution of $1,000 towards the Department’s legal costs.
  
Wellard Early Learning Centre and Out of School Care (SE-40002620) 141 Meares Avenue Parmelia 6167
The Approved Provider (AP) is alleged to have contravened • Section 165 Offence to inadequately supervise children • Section 167 Offence relating to protection of children from harm and hazards • Section 175 Offence relating to requirement to keep enrolment and other documents • Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair • Regulation 114 Outdoor space – shade • Regulation 117A Placing a person in day-to-day charge • Regulation 117B Minimum requirements for a person in day-to-day charge • Regulation 177(2) Prescribed enrolment and other documents to be kept by approved provider • Regulation 180 Evidence of prescribed insurance

Issue of compliance notice (S 177) on 20-Dec-19 requiring compliance by 10-Jan-20.  Notice required the AP to do the following:

  • Ensure that every reasonable precaution is taken to protect children being educated and cared for by the service, from harm and from any hazard likely to cause injury. This must include –
    • A review of the service 'Providing a Child Safe Environment' policy.
    • A safety checklist(s) for educators to complete daily, that ensures they have checked that the premises, resources and equipment are safe and in good repair for the children to use.
    • Training provided to all educators on the above policy and implemented checklist.
    • Must ensure that all children being educated and cared for by the service are adequately supervised at all times. This must include –
    • A review of the service 'Supervision' policy.
    • Training provided to all educators to ensure they are fully aware of the service supervision requirements.
  • Develop a procedure that will ensure a responsible person is on duty at any time the service is providing an education and care session and have a written process for how this will be accurately recorded.
  • Provide written evidence to show that each educator identified as a responsible person has agreed to the role and responsibilities.
  • Develop a process for recording which educators are working directly with children at all times the service is providing education and care, and ensure educators are signing in and out accurately.
  • Develop a procedure that ensures prescribed documentation is available for inspection by an authorised officer, as per Section 175.
  • Provide training to all educators on the changes made to above service policy, procedures and processes. 
  • Provide written evidence to show all staff have completed this training and are aware of the changes must be submitted.
  • Provide evidence of the current prescribed insurance for the service Wellard Early Learning Centre and Out Of School Care.
  • Provide evidence to show that the OSHC outdoor area is compliant with the requirements of Regulation 114. It was noted that the OSHC outdoor area has no form of adequately shaded areas to protect children from overexposure to ultraviolet radiation from the sun.
  • Provide evidence to show the below listed items are repaired, replaced or removed as per Regulation 103:
    • Glass in the outdoor area
    • Water damage to the outdoor verandah ceiling
    • Cracked, peeling and warped wooden equipment throughout the outdoor play areas
    • Cracked and broken pink wooden plank in the outdoor wooden climbing frame
    • Loose limestone brick in the outdoor environment
    • Rubble in the outdoor environment 
    • Crack to the top left of the annex plasterboard wall.
Outcome
AP failed to comply by 15-Aug-19. The AP submitted evidence within the timeframe, however, the evidence provided did not satisfy the requirements of the Compliance Notice. Subsequent information was requested. The AP submitted the required evidence and now satisfies the requirements of the Compliance Notice.
  
Buggles Early Learning and Kindy - Atwell (SE-00014395) 7 Alliance Entrance ATWELL WA 6164
The Approved Provider (AP) is alleged to have contravened: • Section 165 Offence to inadequately supervise children • Section 177(3) failing to comply with compliance notice

Issue of Compliance Notice (S 177) on 8-Sept-19 requiring compliance by 4-Oct-19. Notice required AP to:

  • review the Service's Ratio Monitoring Sheet process and amend accordingly to ensure it includes strategies that accommodate for children arriving/departing at all times of the day.  -  Currently ceases between 10am and 2pm and does not account for children arriving/leaving within that timeframe.
  • develop and implement robust strategies, policies and procedures to ensure all enrolled children at the service are adequately supervised at all times in all areas including – 
    • Indoor areas – 
    • Outdoor areas – 
    • Adequate to the activities that all the children are engaged in – 
    • Ensure there are no areas that are blocked from educators views –
    •  Supervision points for all areas of the service – Current plan for large yard shows multiple points, however does not accommodate for when smaller groups with less staff are present than the number of supervision points – 
    • During transition times (including staff lunch cover, parent/guardian pick up times, moving between indoor/outdoor areas) – Inside/outside free flow – 
    • Yard checks to be conducted before and after use of the outdoor area.
  • review individual rooms and implement procedures relating to headcounts including – Individual room head count documents to include provision for names and numbers of children present and details of staff member responsible for conducting the head count – Process for documenting the conducted head counts and roll calls, including names, numbers, time checked and by whom – This written document is to be a permanent record – Communication between staff relating to the information.
  • review policies and procedures of who and when the routine tasks and non-contact duties are to be performed, ensuring correct ratios at all times.
  • review and amend the hand over process between lunch cover staff and room staff to include – Details of duties and responsibilities, for example, if the room leader is being relieved, which staff member is then responsible for the room – Number of children present and details of last head count and room roll, next due and by whom – Details of any children attending orientation and confirmation if included in numbers – Cross referencing of hand over information between staff.
  • conduct training with all staff, including new and relief staff, to ensure they are aware of the policies and procedures in place in relation to supervision.  
Outcome
The AP failed to submit the required evidence by 4-Oct-19 and so breached the compliance notice. The AP supplied all required evidence by 16-Oct-19 and now satisfies the requirements of the Compliance Notice.
  
Riverton Out of School OSHC (SE-00013070) Noongar Way RIVERTON WA 6148
the approved provider (AP) is alleged to have contravened: Section 165(1) Offence to inadequately supervise children Regulation 86 Notification to parents of incident, injury, trauma and illness

Compliance Notice (S177) issued on 20-Nov-19 requiring evidence of compliance by 5-Dec-19.  

The notice required the AP to review and amend policies and procedures regarding:

  • 'Collecting children from school' with specific procedures for collecting Kindy and Pre-primary children.
  • 'Notification of parents of incident, injury, trauma and illness'
  • Conduct training with all educators in revised policies and procedures, risk assessments and supervision.
Outcome
The evidence provided by AP by the due date was incomplete; Evidence satisfying compliance was received on 12-Dec-19.
  
Nido Early School Byford (SE:40014354) Unit 1 Lakeside Plaza, 15 Covenant Lane, Byford WA 6122
The Approved Provider (AP) is alleged to have contravened Section 165(1) Offence to inadequately supervise children.

Issue of Compliance Notice (S 177) on 5-Dec-19 requiring compliance by 20-Dec-19. Notice required AP to:

  • Demonstrate the service has implemented robust processes including regular headcounts to ensure each child is accounted for whilst in attendance at the service, especially around transition times.
  • Develop procedures to ensure children are supervised when accessing toilets.
  • Develop processes to ensure that staff entering or leaving a room for a prolonged period are provided a suitable handover by the room leader/outgoing staff member. 
  • Develop policies/procedures that outlines the process for grouping children of differing ages, in the morning and evening periods.
  • Develop processes to ensure spaces are thoroughly checked for any remaining children, before locking up the rooms/unused spaces during evening grouping sessions.
  • conduct training with all staff, including casual and relief staff, to ensure they are aware of the above policies and procedures that are in place/newly implemented.
  • provide written evidence of any changes that have been implemented at the service since the incident that occurred on 20 November 2019.

.


Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Child Campus Karratha (SE-40009918) Pegs Creek Primary School, Galbraith Road Karratha.
The approved provider (AP) contravened section 165(1) of the National Law on 16-Apr-19 by failing to ensure all children in its care were adequately supervised, when three children left its care unnoticed and were found in the middle of Dampier Highway. The AP also contravened s174(2)(a) of the National Law by failing to notify the Regulatory Authority of the above serious incident within 24 hours.
Outcome
On 19-Dec-19 the Tribunal ordered the AP to pay a penalty of $14,500 for the contraventions of section 165(1) and 174(2)(a) and to pay a contribution of $500 towards the Department’s legal costs.
  
Buggles Early Learning and Kindy - Baldivis. (SE-40002225.) 3 Monaghan Close Baldivis.
The approved provider (AP) contravened section 165(1) of the National Law on 28-Feb-19 by failing to ensure that all children being educated and cared for by its service were adequately supervised at all times the children were in the care of the service.
Outcome
On 12-Nov-19 the Tribunal ordered the AP to pay a penalty of $12,000 for the contravention of section 165(1).
  
Kwinana Recquatic Vacation Care Program  (SE: 00012818) Cnr Gilmore & Chisham Ave, KWINANA TOWN CENTRE WA 6167
The Approved Provider (AP) is alleged to have contravened: • Section 165 Offence to inadequately supervise children • Section 175 Offence relating to requirement to keep enrolment and other documents

Issue of Compliance Notice (S 177) on 22 October 2019 requiring compliance by 19 November 2019. Notice required AP to:

  • Provide evidence to demonstrate the service has a supervision risk management plan in place.
  • Provide evidence to demonstrate management, the nominated supervisor and all staff have had training on the requirements of the supervision risk management plan.
  • Provide evidence to demonstrate there are written processes in place to ensure there is an accurate record of educators working directly with children.


Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
prohibited educator
Ms Fenner Dale is prohibited under s.182 of the National Law from working or volunteering in education and care, and has been prohibited since 18 Sept 18. Ms Fenner Dale contravened s187 of the National Law by working as an educator at 5 different services while under a prohibition notice. Ms Fenner Dale contravened s.295(1) of the National Law by providing the Regulatory Authority with 22 documents she knew were false or misleading when providing them. Ms Fenner Dale contravened s.188A of the National Law by lying to employers on 3 occasions by declaring she was not subject to a prohibition notice. Mr Fenner-Dale contravened s.132 (now repealed) of the National Law by holding herself out as a certified supervisor when she did not hold a supervisor certificate. Ms Fenner-Dale contravened s.207 of the National Law by obstructing an authorised officer in the exercise of her powers under the National Law.

Prosecution – 31 charges filed 28 March 2019 at the Fremantle Magistrates Court
Further 5 charges filed on 9 August 2019.

On 21 August 2019 Ms Fenner-Dale pleaded guilty to 5 charges of working as an educator while under a prohibition notice, 25 charges of providing the Regulatory Authority with documents she knew were false or misleading, 1 charge of obstruction and 2 charges of holding herself out as a certified supervisor when she did not hold a supervisor certificate. On 22 October 2019 she pleaded guilty to three charges of lying to her employing approved provider by declaring she was not subject to a prohibition notice.

Outcome
On 22 October 2019 His Honour Magistrate Nick Lemmon fined Ms Fenner-Dale a total of $14,500 for all 36 charges and also ordered her to pay costs of $1756.20 The Regulatory Authority also contacted all approved providers operating in Westen Australia to advise them of the details of the prosecution.
  
Mundarda Child Care Centre (SE: 00012964) 101 Challis Road, Armadale
The Approved Provider (AP) is alleged to have contravened: • Section 165 – Offence to inadequately supervise children. • Regulation 177 (2) Prescribed enrolment and other documents to be kept by approved provider.

Issue of Compliance Notice (S 177) on 22-Aug-19 requiring compliance by 6-Sept-19. Notice required AP to:

  • review the current 'school drop off and pick up' procedure and amend accordingly to include strategies, to ensure that all children are being accounted for and adequately supervised during school drop offs, after school pickups and in the schoolies room.
  • provide a plan to show how the service would accommodate all the schools in the bus runs.
  • have systems in place to ensure that educators are aware of the children who they are supposed to pick up and drop off.
  • Review the current risk assessment for school bus run. The risk assessment is to include the possibility of a child being left behind in a locked bus and strategies to avoid that risk.
  • ensure that all staff rostered to do school drop off and pick-up are aware of the updated school drop off and pick up procedure and risk assessment for school bus run.
  • have systems in place to ensure that attendance records (sign in/out times) are accurate, especially for the school aged children.


Outcome
The AP submitted the required evidence within the required timeframe and now satisfies the requirements of the Compliance Notice.
  
Jellybeans Child Care – Warwick (SE-00012734) 121 Ellersdale Avenue Warwick WA 6024
The Approved Provider (AP) is alleged to have contravened • Section 169 Offence relating to staffing arrangements • Section 175 Offence relating to requirement to keep enrolment and other documents • Regulation 117(a) Placing a person in day-to-day charge • Regulation 123 Educator to child ratios centre-based services • Regulation 126 Centre – based services general educator qualifications • Regulation 147 Staff members • Regulation 150 Responsible Person • Regulation 151 Record of educators working directly with children • Regulation 158 Children attendance records to be kept by approved provider • Regulation 160 Child enrolment records to be kept by approved provider • Regulation 162 Health information to be kept in enrolment record • Regulation 173 Prescribed information to be displayed • Regulation 177(2) Prescribed enrolment and other documents to be kept by approved provider

Issue of compliance notice (S 177) on 25-July-2019 requiring compliance by 15-August-2019. Notice required the AP to:

  • Demonstrate written procedures and processes are in place to ensure the minimum number of educators required to educate and care for children at a centre-based service are in accordance with the ratios set out in Regulation 123 and Regulation 126.
  • Demonstrate that written processes / procedures are in place to ensure there is a responsible person present during all times the service provides education and care and keep a record of this.
  • Provide evidence to demonstrate that there are written processes and procedures in place to ensure that the correct responsible person is displayed at all times.
  • Demonstrate that written processes / procedures are in place in relation to managing and creating staffing rosters to ensure that records of educators working directly with children are accurate and comply with the legislative requirements, including but not limited to staffing ratios, staffing qualifications and non-contact duties.
  • Provide evidence to demonstrate that there are written processes / procedures in place to ensure that the attendance records for enrolled children are signed by the person who delivers and collects the children and that the child's arrival and departure times are accurately recorded.
  • Provide evidence of written policies, processes and procedures to ensure that every enrolled child present at the service has an enrolment record.
  • Demonstrate that there are written processes / procedures in place to ensure that the approved provider holds a record of the identifying number of the current check conducted under the law for working with children, and the expiry date of that check for each educator as per Regulation 147(d).
  • Demonstrate that there are written processes / procedures in place to ensure that all staff records contain the information prescribed in Regulation 147, including but not limited to evidence of relevant qualifications held by the staff member.
  • Provide evidence to demonstrate that management, the nominated supervisor and all staff members are aware of, understand and have had training on the written processes and procedures in place.
Outcome
AP failed to comply by 15-August-2019. The AP submitted evidence within the timeframe, however, the evidence provided did not satisfy the requirements of the Compliance Notice. A subsequent letter was issued, and additional time provided for the AP to comply by 4-September- 2019. The AP submitted the required evidence and now satisfies the requirements of the Compliance Notice.
  
Cuddles Early Learning & Childcare South Lake (SE:00012364) Unit 43 Lakes Shopping Centre, 620 North Lake Road, SOUTH LAKE WA 6164
The Approved Provider (AP) is alleged to have contravened: • Section 175 Offence relating to requirements to keep enrolment and other documents • Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair • Regulation 151 Record of educators working directly with children • Regulation 177(2) Prescribed enrolment and other documents to be kept by approved provider

Issue of Compliance Notice (S 177) on 19-June-19 requiring compliance by 3-July-19. Notice required AP to:

  • Provide evidence to demonstrate there are written processes in place to ensure all information pertaining to educators, including their qualifications or evidence of actively working towards a qualification is available at the service.
  • Provide evidence to demonstrate supporting documentation determining the suitability of a person to be the Nominated Supervisor or a person in day to day charge are obtained prior to appointing the person and kept at the service premises.
  • Provide written processes in place to ensure all records are accurate and management, the Nominated Supervisor and educators are aware of the importance of this requirement.
  • Provide evidence that management, the nominated supervisor and all staff have received training in relation to the above requirements.
  • Provide evidence that various items found in disrepair have been repaired, replaced or removed.


Outcome
The AP submitted the required evidence within the specified timeframe and now satisfies the requirements of the Compliance Notice.
  
Jelly Beans Childcare Wellard (SE:40007346) 50 Breccia Parade, WELLARD WA 6170
The Approved Provider (AP) is alleged to have contravened: • Section 165 Offence to inadequately supervise children

Issue of Compliance Notice (S 177) on 8-July-19 requiring compliance by 22-July-19. Notice required AP to:

  • Provide evidence to demonstrate there is a documented supervision risk management plan in place taking into consideration: children transitioning between age groups, children transitioning between rooms within the service, implementing an indoor and outdoor curriculum and how routine tasks such as toileting and nappy changing will be managed.
  • Provide evidence that management, the nominated supervisor and all staff have received training on the requirements of the supervision risk management plan.


Outcome
The AP submitted the required evidence within the specified timeframe and now satisfies the requirements of the Compliance Notice.
  
Fun-A-Rama Halls Head. (SE-00014245.) Frederick Irwin Anglican School, 1 Maxflower Vista Halls Head WA.
The approved provider (AP) family day care educator (FDCE) contravened section 167(1) of the National Law on 11-Feb-19 by failing to ensure that every reasonable precaution was taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.

Application to SAT for disciplinary action [2019] VR 75 – Filed 22-May-19

Outcome
On 26-Jul-19 the Tribunal ordered the AP/FDCE to pay a penalty of $13,000 for the contravention of section 167(1) and to pay a contribution of $2,000 towards the Department’s legal costs.
  
Buggles Child Care – Beckenham (SE-00012435) 118-120 William Street Beckenham WA 6107
THe Approved Provider (AP) is alleged to have contravened: Section 165(1) Offence to inadequately supervise children. Section 167(1) Offence relating to protection of children relating to harm and hazards

A compliance notice( S177) was issued on 28-Jun-19 requiring compliance by 29-Jul-19.

The notice required the AP to conduct training with all staff (and put in place procedures to conduct training with all new and relief staff) in:

  • Active supervision in all areas of the service including taking into account times of free flow and include indoor and outdoor areas
  • Conduct risk assessment for any potential hazards, assessing and identifying risk of harm to enrolled children.
  • Policies and procedures in place at the service
Outcome
The AP failed to comply by 29-Jul-19, however subsequently submitted evidence satisfying compliance with the requirements of the notice on 6-Aug-19.
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